Allowed

Shahu Chhatrapati Shikshan Sanstha Kolhapur Thr. Chairman and Ors. v. Shri. Rohit Jayantilal Sheth

Bombay HC7 Oct 2021IA/2776/2021

Case brief

AI extract

What is this about?

Single judge allowed IA for condonation of delay and setting aside refusal to register second appeal, directing payment of Rs.7,500 costs to HCLSC and removal of office objections within 4 weeks.

What did the court decide?

IA allowed subject to deposit of Rs.7,500 costs and removal of office objections within 4 weeks; otherwise dismissed.

Shahu Chhatrapati Shikshan Sanstha Kolhapur… — Civil Procedure and Limitation | Bombay HC (2021)

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ssm 1 12-ia2776.21.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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I.A. NO. 2776 OF 2021
IN

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REJECTED CASE NO. 1015 OF 2019

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Shri. Shahu Chhatrapati Shikshan
Sanstha, Kolhapur & Ors.…..Applicants/
Appellants.

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Vs.

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Dr. Shri. Rohit Jayantilal Sheth

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…..Respondent.

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Mr. Ashish Satpute for the Applicants.
None for the Respondent.

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CORAM : A. S. GADKARI, J.
 DATE : 7th OCTOBER, 2021.

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P.C.:-

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This is an Application for setting aside conditional Order dated

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27th June, 2018, passed by the learned Registrar (Judicial-II) thereby,
directing the Appellants to remove office objections within a period of four
weeks, failing which the Second Appeal (Stamp) No.29764 of 2017 shall
stand refused for registration along with Civil Application filed therein,
without reference to this Court. Admittedly, the Applicants/Appellants
failed to remove the said objections within stipulated period from 27th June,
2018.

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1/3

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ssm 2 12-ia2776.21.doc

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2There is a delay of 2 years and 274 days in filing the present

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Application.

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3It is to be noted here that, even on 27th June, 2018 none
appeared before the learned Registrar (Judicial-II). Despite the fact that, an
opportunity to remove the office objections was given to the Appellants, the
office objections were not removed by the Appellants.

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4May that as it may. Perusal of Application would indicate that,
sufficient cause is made out for restoration of Second Appeal and setting
aside Order dated 27th June, 2018. However, taking into consideration the
inordinate delay, it will be appropriate that, the Applicants/Appellants be
directed to pay costs of Rs.7,500/- to the High Court Legal Services
Committee, Mumbai within a period of two weeks from today.

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The Applicants/Appellants to pay/deposit the costs in the
account namely “High Court Legal Aid Fund”, Account No. 60045304283,
IFSC-MAHB0000002 of the Bank of Maharashtra, Branch-Fort, Mumbai-
400032, maintained by the High Court Legal Services Committee, Mumbai,
Room No. 105, 1st Floor, PWD Building, High Court, Mumbai and to furnish
the details of such costs to the High Court Legal Services Committee,
Mumbai and obtain the receipt thereof physically or through Email i.e.
[email protected] which shall be the proof of such
payment/deposit.

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2/3

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ssm 3 12-ia2776.21.doc

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5Subject to deposit of the aforestated costs, delay is condoned

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and the Application is allowed in terms of prayer clauses (a) and (b).

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Applicants are directed to remove office objections within a
period of 4 weeks, from the date of payment of costs to the concerned
Authority.

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It is made clear that, if the Applicants/Appellants fail to deposit
the aforesaid costs within the stipulated period, the present Application
shall stand dismissed without further reference to this Court.

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 (A.S. GADKARI, J.)

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Digitally signed SANJIV by SANJIVSHARNAPPA SHARNAPPA MASHALKAR MASHALKAR Date: 2021.10.08 17:41:19 +0530

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Shahu Chhatrapati Shikshan Sanstha Kolhapur Thr. Chairman and Ors. v. Shri. Rohit Jayantilal Sheth

Case brief

What is this about?

What did the court decide?

Shahu Chhatrapati Shikshan Sanstha Kolhapur Thr. Chairman and Ors. v. Shri. Rohit Jayantilal Sheth

Case brief

What is this about?

What did the court decide?

What the court decided

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Shahu Chhatrapati Shikshan Sanstha Kolhapur Thr. Chairman and Ors. Vs Shri. Rohit Jayantilal Sheth